SECT. 10. It shall be the duty of the probate court to examine every executor, administrator, guardian and trustee, upon oath, as to the truth and correctness of his account, before the same shall be allowed by the court. (No. 15 of 1846.) SECT. 11. In all cases arising under section nine of the chapter hereby amended, (§ 9 of this chap.) the heirs, legatees, and distrib. utees, shall have the same privilege of being examined, on oath, upon any matter relating to the administration account of any executor or administrator, that said executor or administrator now has, by the provisions of said section. (No. 12 of 1850.) SECT. 12. The executor or administrator shall be allowed all necessary expenses in the care, management and settlement of the estate, and, for his services, such fees as the law provides, together with all extra expenses; provided, that when the deceased shall, by his will, make some other provision for compensation to his executor, that shall be deemed a full satisfaction for his services, unless he shall, by a written instrument, filed in the probate court, renounce all claim to the compensation provided by the will. (Sec. 10 of R. S.) SECT. 13. When an executor or administrator, after being duly cited by the probate court, shall neglect to render his account, he shall be liable on his bond for all damages, which may accrue; and his bond may be put in suit, on the application of any person interested in the estate. (Sec. 11 of R. S.) SECT. 14. When costs, in any case, are allowed against an executor or administrator, execution shall not issue against the estate of the deceased in his hands, but shall be awarded against him, as for his own debt; and the amount paid by him shall be allowed in his administration account, unless it shall appear that the suit or proceeding, in which the cost shall be taxed, shall have been prosecuted or resisted without just cause. (Sec. 12 of R. S.) SECT. 15. Before the administration account of any executor or administrator shall be allowed, notice shall be given to all persons interested of the time and place of examining and allowing the same; and such notice may be given personally to such persons, as the probate court shall judge to be interested, or by public notice, under the direction of the court. (Sec. 13 of R. S.) 46 SECTION CHAPTER 54. ESTATES IN DOWER AND BY THE CURTESY. BEING IDENTICAL WITH Chap. 51 of the Revised Statutes, pp. 288-291. 1. Widow entitled to dower, unless barred. 2. In equity of redemption. 3. How endowed in such case. 4. Same subject. 5. How widow may be barred of her dower. 6. May waive other provisions and claim dower. 7. Provision, in case she shall not be the first wife. SECTION corded, &c. 10. Widow to be endowed of rents, &c. in cer- 11. Provision for widow before dower is set out. 8. On whose application, and in what manner, 15. Husband to hold lands of his wife, by the dower to be set out. 9. Commissioners to be sworn-return to be re curtesy, &c. SECTION 1. The widow of every deceased person shall be entitled to dower, or the use, during her natural life, of one third of the real estate, of which her husband died seized in his own right, unless she shall be barred, as hereafter provided in this chapter. SECT. 2. The widow shall be entitled to dower, in the equity of redemption of lands mortgaged by her husband, or which he may hold under the mortgagor; and she may pay such part of the amount due on the mortgage, as the probate court shall judge to be in proportion to her interest by dower in the premises, and have, for her dower, one third part of the land, as against the administrator, heirs and creditors of her deceased husband. SECT. 3. If the administrator or heirs of any deceased person. shall pay the whole amount of the money due on the mortgage, where such deceased person was entitled to the equity of redemption, the amount of the mortgage shall be deducted from the value of the land, and the widow shall have set out to her, for her dower in the mortgaged lands, the value of one third of the residue, after such deduction. SECT. 4. It shall be the duty of the administrator to pay such mortgage, provided it shall be for the benefit of those interested in the estate to redeem the premises, either from the personal estate, if that be sufficient, or by sale of real estate, as provided by law; and if there shall be sufficient personal estate to pay the mortgage, the probate court may, in its discretion, decree that dower shall be set out to the widow in the whole of the lands mortgaged. SECT. 5. The widow may be barred of her dower in all the lands of her husband, in the following ways: First. Where a jointure shall have been settled on such widow by her husband, or other person, or some pecuniary provision shall have been made for her, before her marriage, with or without her agreement or consent, or after her marriage, with her consent, to have effect after the death of her husband, and expressed to be in lieu and discharge of her dower : Second. Where her husband, by his last will and testament, shall have made provision for such widow, which, it shall appear to the probate court, was intended to be in lieu of dower: Third. Where the husband shall die, leaving no children or representatives of children, and the widow shall thereby be entitled to one half of the estate of her husband. SECT. 6. Notwithstanding the provisions of the preceding section, the widow may, within eight months after the will of her husband shall have been proved, or after letters of administration shall have been granted on his estate, make her election to waive the jointure or pecuniary provision made for her in lieu of dower, or the provision made for her by the will of her husband in lieu of dower, or the provisions of the law, in case of a widow, whose husband dies without issue, and take her dower, and notify the court of her election in writing; and the court shall thereupon order her dower set out as in other cases; provided, that, SECT. 7. If the widow shall not have been the first wife of the deceased, and he shall leave no issue by her, and an agreement shall have been entered into between them, previous to their marriage, in relation to the widow's claim on the estate of her husband in lieu of dower, and if, in the opinion of the court, she shall have a sufficient provision for her comfortable support during life, the court may deny to such widow her dower, or any provision other than such as may be provided by the agreement between the parties. SECT. 8. When a widow is entitled to dower in the real estate of her husband, or has made her election to take her dower, as provided in the sixth section, the widow, or the executor, administrator or heir, or other person, who by law shall be entitled to the estate, may, at any time after the death of the deceased, make application to the probate court, to have such dower assigned; and the court shall thereupon order the dower set out; and, for that purpose, shall appoint three disinterested freeholders, as commissioners, who shall proceed and set out the dower by metes and bounds, where it can be done without injury to the estate. SECT. 9. The commissioners shall be sworn, and shall, as soon as may be, make return of their doings, in writing, to the probate court; and the same being accepted and recorded, and an attested copy thereof recorded in the town clerk's office, the dower shall remain fixed and certain. SECT. 10. If the estate, out of which the dower is to be assigned, cannot be divided, or the dower set out by metes and bounds, the widow shall be endowed of the rents, issues or profits thereof, and one third part of the same shall be set off to her, as tenant in common with the other owners, to be computed and ascertained by commissioners, as mentioned in the two preceding sections. SECT. 11. Until the dower of the widow shall be set out, in the lands of her deceased husband, she may continue to occupy the same, with the children and family of the deceased, or may receive one third part of the rents, issues or profits of such lands. SECT. 12. If a widow shall be lawfully evicted of lands, assigned to her as dower, or settled upon her as jointure, or is deprived of the provision made for her by will or otherwise, in lieu of dower, she may be endowed anew, in like manner, as if such assignment, jointure or other provision had not been made. SECT. 13. In case of an insolvent estate, the widow and such part of the creditors, as have two thirds, in amount, of the debts against the deceased, may agree upon a portion of the real estate to be assigned to her, during her life, or of personal estate to be assigned to her forever, in lieu of her dower, and such agreement, if it shall be approved by the probate court, and the estate shall be set out according to such agreement, shall be valid and binding. SECT. 14. No woman, who shall be endowed of any lands, tenements or hereditaments, shall commit or suffer any waste on the same, but shall maintain the houses and tenements, with the fences and appurtenances, of which she shall be endowed, in good repair during her term, and leave the same in good repair at the expiration thereof, and shall be liable to the person owning the reversion, for all damages occasioned by any waste committed or suffered by her. SECT. 15. When any man and his wife shall be seized, in her right, of any real estate in fee simple, and shall' have issue born alive, which might inherit the same, and the wife die, the husband shall hold such estate during his life, as tenant by the curtesy ; provided that, if the wife, at her death, shall leave issue by any former husband, such estate, or so much thereof, as might descend to such issue by a former husband, shall be discharged from the right of the surviving husband to hold the same as tenant by the curtesy. CHAPTER 55. TITLE TO REAL ESTATE BY DESCENT. BEING IDENTICAL WITH Chap. 52 of the Revised Statutes, pp. 291–294, with the first section as amended by No. 15 of the Laws of 1850, pp. 8-9. SECTION .1. Manner in which real estate descends to heirs. 2. How degrees of kindred computed. Kindred of half blood. .3. When estates shall escheat. SECTION 8. Estate given to child, &c. in lifetime of deceased, to be reckoned as advancement. 9. What shall be evidence of advancement. 10. Effect of such advancement. 11. Its effect, if in real, or in personal estate. 4. Illegitimate children and mother to inherit 12. If child, &c. die, to be reckoned to reprefrom each other. sentative. 5. Parents intermarrying, children to be deem- 13. How the value to be estimated. SECTION 1. When any person shall die, seized of any lands, tenements or hereditaments, within this state, or any right thereto, or be entitled to any interest therein, which shall not have been devised by will, the same, or so much thereof as shall not be necessary for the payment of the just debts and the expenses of settling the estate of the deceased, shall descend in the following manner : First. In equal shares to his children, or the legal representatives of deceased children: Second. If he leave no issue his widow shall be entitled to the whole of his estate forever, if said estate shall not exceed the sum of one thousand dollars. But if said estate shall exceed that sum, then the widow shall be entitled to one thousand dollars, and one half of the remainder of said estate; and the remaining part of said estate shall descend in the same manner as the whole would if no widow had survived; and if the deceased shall have no kindred who by law might inherit his estate, the widow shall be entitled to the whole. Third. If the deceased person shall leave no issue, nor widow, the whole of his estate shall descend to his father: Fourth. If he shall leave no issue, nor widow, nor father, his estate shall descend in equal shares, to his brothers and sisters, and to the legal representatives, of any deceased brother or sister; and if his mother be living, she shall have the same share as a brother or sister: Fifth. If none of the relatives, above named, shall survive the deceased person, his estate shall descend, in equal shares, to the next of kin, in equal degree; but no person shall be entitled, by right of representation, to the shares of such next of kin, who shall have died. (Sec. 1 of R. S., as amended by No. 15 of 1850.) SECT. 2. The degrees of kindred shall be computed according to the rules of the civil law; and the kindred of the half blood shall inherit equally with those of the whole blood, in the same degree. SECT. 3. If any person shall die, leaving no kindred, who, by law, can inherit his estate, the same shall escheat to the town in which it shall be situated, for the use of schools in such town. SECT. 4. Illegitimate children shall inherit the estate of their mothers, the same as if they were born in lawful wedlock; and the mother of an illegitimate child shall inherit the estate of such child. SECT. 5. When the parents of an illegitimate child shall intermarry, after the birth of such child, the child, if recognized by the father, as his child, shall be considered legitimate to all intents and purposes, and be capable of inheriting. SECT. 6. Whenever the putative father of any illegitimate child shall wish to adopt such child, he may, with the consent of the child, or his guardian if he is a minor, make an instrument in writing, under his hand and seal, attested by three credible witnesses, and by him acknowledged, before the judge of the probate court of the district, in which the father shall reside, declaring, that he adopts such child, and renders him capable of inheriting, on his part, and cause such writing, so executed, to be recorded in such court; in which case, the child shall thereafter be considered, as respects such father, legitimate and capable of inheriting; and the same rights, duties and obligations shall exist between such father |